Orissa Court April 1987 Judgments
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Bijaya and Co. Vs. the State of Orissa
Court: Orissa
Decided on: Apr-13-1987
Reported in: [1988]71STC69(Orissa)
H.L. Agrawal, C.J. and S.C. Mohapatra, J. 1. The Sales Tax Tribunal, Orissa, has referred the following question of law for opinion of this Court in these two cases :Whether the second appeals lie on merit under the provisions of the Orissa Sales Tax Act when the connected first appeals were summarily rejected under Rule 49 of the Orissa Sales Tax Rules, 1947 ?2. The question referred is itself so pertinent that no facts need be stated. No further discussion is also required in view of the fact that the question has already been authoritatively answered by a Bench of this Court reported in [1963] 14 STC 46 [Commissioner of Sales Tax, Orissa v. Aurobindo Auto Service) following the decision of the Supreme Court reported in AIR 1956 SC 367 (Mela Ram and Sons v. Commissioner of Income-tax, Punjab), holding that even summary dismissal of first appeal would amount to dismissal of an appeal within the meaning of Section 23(2) of the Orissa Sales Tax Act and a second appeal before the Tribuna...
New India Insurance Company Ltd. Vs. Wholesale Co-operative Stores and ...
Court: Orissa
Decided on: Apr-10-1987
Reported in: [1989]66CompCas880(Orissa)
S.C. Mohapatra, J. 1. The insurer is the appellant in this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act ').2. Asserting that on May 10, 1978, the driver of the van (ORD-2202) registered for private carnage, while in village Kanteikolia, used the reverse gear and hit the young son of the claimant who sustained fatal injuries on account of the accident. She claimed compensation of Rs. 30,000 on account of the loss of the child.3. The owner of the vehicle denied the occurrence. The insurer claimed that the terms of insurance having been violated, it has no liability.4. The Tribunal, on consideration of the materials on record, accepted the case of the petitioner-respondent No. 2 that on account of negligence of the driver, the accident occurred and awarded compensation of Rs. 10,000. This order is being assailed by the insurer in this appeal.5. Mr. P. Roy, learned counsel for the insurer-appellant, challenged the award on the following two grounds :(a) Th...
The New India Assurance Co. Ltd. Vs. Whole Sale Co-operative Stores an ...
Court: Orissa
Decided on: Apr-10-1987
Reported in: II(1987)ACC452
S.C. Mohapatra, J.1. Insurer is the appellant in this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act').2. Asserting that on 10-5-1978 the driver of van (ORD 2202) registered for private carriage while in village Kanteikolia used the reverse gear and hit the young son of the claimant who sustained the fatal injuries on account of the accident. The claimed compensation of Rs. 30,000/- on account of the loss of the child.3. The owner of the vehicle denied the occurrence. The insurer claimed that the terms of insurance having been violated it has no liability.4. The tribunal, on consideration of the materials on record, accepted the case of the petitioner-respondent No. 2 that on account of negligence of the driver the accident occurred and awarded the compensation of Rs. 10,000/-. This order is being assailed by the insurer in this appeal.5. Mr. P. Roy, the learned Counsel for the insurer-appellant, challenged the award on the following two grounds:(a) The ...
Baikuntha Kumar Bhatia Vs. the Orissa State Road Transport Corporation
Court: Orissa
Decided on: Apr-09-1987
Reported in: II(1987)ACC113
R.C. Patnaik, J.1. A stage Carriage vehicle belonging to the Orissa State Road Transport Corporation bearing registration number O.S.C. 7288 while proceeding on the National Highway No. 5 overturned in between the villages Tangi and Jagatpur around 10 A.M. on 21-9-1983. A number of passengers sustained injuries. The appellant was one among them. He suffered dislocation of shoulder joint. He was admitted to the S.C.B. Medical College Hospital and remained under treatment at Cuttack and at Baripada. Took physiotherapy exercises and went to Kalupadaghat to take treatment from a quack. He claimed Rs. 15,000/- as compensation for pain, suffering and expenses incurred. The Tribunal held that the vehicle was dashed being driven rashly and negligently and assessed the compensation at Rs. 2,000/-. The case of the appellant has been considered in paragraph-25 of the award. The appellant proved the certificates and the connected papers granted by the S.C.B. Medical College Hospital and by the doc...
Birat Chandra Dogra Vs. Chandrama Behera
Court: Orissa
Decided on: Apr-03-1987
Reported in: II(1987)ACC419
S.C. Mohapatra, J.1. Employer is the appellant under Section 30 of the Workmen's Compensation Act.2. The appellant is a works contractor. In course of employment, the workman Raghu Behera sustained fatal injuries. His widow, the claimant made a claim for compensation against the appellant. Appellant disputed the liability alleging that he had not employed the deceased who was employed by the Labour Contractor engaged by him.3. The Commissioner considered the materials on record and held that the deceased was in employment under the appellant. In the absence of materials, he found that the assertion in the petition that the deceased was getting monthly wages of Rs. 500/- cannot be discarded. He awarded compensation of Rs. 21,000/- to the claimant.4. Depositing the amount of Rs. 21,000/- this appeal has been filed. Mr. P. Kar, the learned Counsel for the appellant submitted that the appreciation of evidence regarding the deceased to be the workmen employed by the appellant is erroneous. ...
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